IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140015173
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of the last name and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states:
* his last name should be followed by a "Jr." and his DOB should be "12 November XXXX" vice "12 October XXXX"
* when he registered for the draft, he used "12 October XXXX" to make him a year older (he was 17 years old) so he could fight in Vietnam, which is now causing him conflict with the Department of Veterans Affairs (VA) office
3. He provides:
* Birth Certificate
* Delaware driver license
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 9 February 1971, the applicant was inducted in the Army of the United States. The DD Form 47 (Record of Induction) completed at that time shows his last name as "W____, J_____ J_____" and his DOB as "12 October XXXX."
3. On 21 December 1972, he was honorably discharged from active duty. On
22 December 1972, he immediately reenlisted in the Regular Army. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), shows he reenlisted with the last name as "W____, J_____ J_____" and shows his DOB as
"12 October XXXX."
4. On 9 January 1979, he was honorably discharged. His DD Form 214 shows the last name as "W____, J_____ J_____" and his DOB as "12 October XXXX."
5. His record is void of documentation showing he used another last name or DOB during his Army service.
6. The applicant provided a copy of his birth certificate that shows his DOB as
"12 November XXXX" and his name as "J_____W____ Jr."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the last name "W____, J_____ J_____" (without the suffix) and DOB that is listed on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to record the suffix to his last name and the DOB he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion in regard to the difference between his last name and DOB recorded in his military record and the added suffix to his last name and DOB he now uses.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130005497
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015173
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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